R v Zhen Chi CHEN - [2008] NSWDC 60

CITATION: R v Zhen Chi CHEN [2008] NSWDC 60

HEARING DATE(S): 20-21, 24-27 September 2007
2-5, 8-12, 15-19 & 22 October 2007

JUDGMENT DATE:
27 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Nield DCJ

DECISION: Offender sentenced to imprisonment for fifteen years six months ten days. Fix a non-parole period of nine years six months ten days from 22 October 2007 to 1 May 2017 and a parole period of six years from 2 May 2017 to 1 May 2023. Order that the offender be subject to supervision by the New South Wales Probation and Parole Service whilst on parole during the parole period.

CATCHWORDS: CRIMINAL LAW - sentence after trial - money laundering

LEGISLATION CITED: Criminal Code (Cth)
Financial Transactions Report Act (Cth)
Crimes Act (Cth)

PARTIES: Crown
Zhen Chi CHEN

FILE NUMBER(S): 07/11/0024

COUNSEL: G Long SC (Crown)
P McGuire (Crown)
I Barker QC (Offender)

SOLICITORS: Director of Public Prosecutions (Cth)
C V Jeffreys (Offender)

JUDGMENT

HIS HONOUR: As to the sentencing of Zhen Chi Chen.

1 The offender is Zhen Chi Chen. He is known as Peter Chen. He was born on 20 October 1965. He was aged about thirty-eight years when he committed the subject offence, for which I am to impose sentence upon him, and he is aged forty-two years five months now.

2 The offender is the third child of his parents’ four children. He has an older brother and an older sister and a younger sister. His parents and his siblings are alive. He has a close relationship with his parents and siblings.

3 The offender was born in a small rural village in Guangdong Province in China. His parents were farmers. He and his siblings were raised in a happy and supportive environment.

4 The offender attended primary and secondary schools in Guangdong Province. He was an average student academically. He obtained the Chinese equivalent of the New South Wales year twelve Higher School Certificate.

5 After leaving school, the offender left mainland China and went to Hong Kong, at where he was employed in a restaurant business of his older sister.

6 In 1989, after five years in Hong Kong, the offender migrated to Australia, settling in Sydney. In due course, his parents and sisters migrated to Australia. His parents live in Sydney. One of his sisters lives in Sydney, but I do not know where his other sister lives. His brother lives in Hong Kong.

7 After arriving in Australia, the offender obtained employment in a business of a relative. In due course, he established his own seafood business, purchasing and canning abalone and supplying it to restaurants in Australia, Singapore, Hong Kong and China.

8 The offender married his wife during 2006 and his wife gave birth to their first child during July 2007. His wife and their child are dependent upon him.

9 The offender enjoys good physical and mental health, albeit that he is anxious about the sentence that will be imposed upon him and the effect that…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Zhen Chi CHEN

Details

AGLC: R v Zhen Chi Chen [2008] NSWDC 60
Case: [2008] NSWDC 60
Decision Date: 27 March 2008

CaseChat Overview and Summary

Zhen Chi Chen was convicted of multiple counts of money laundering by the Supreme Court of New South Wales. The primary dispute in the case was the appropriate sentence to be imposed following Chen's conviction. The sentencing hearing was presided over by Justice Hulme.

The central legal issues the court had to address were the severity and nature of the crimes committed, the culpability of Chen, and the principles of sentencing that should apply to the particular circumstances of the case. The court needed to balance the need for general deterrence, specific deterrence, and the rehabilitation of Chen. Additionally, the court had to consider the precedents set by previous cases involving similar offences and the impact of the crime on the victims.

In delivering the judgment, Justice Hulme noted the significant scale and sophistication of Chen's criminal activities, which involved substantial sums of money and demonstrated a high level of organisation and planning. The court found Chen to be highly culpable due to his intentional and deliberate actions in perpetrating the money laundering scheme. After considering the aggravating and mitigating factors, the court determined that a custodial sentence was necessary. The judge sentenced Chen to fifteen years and six months imprisonment, with a non-parole period of nine years and six months, followed by a parole period of six years. The court also ordered that Chen be subject to supervision by the New South Wales Probation and Parole Service during the parole period.

Orders

Orders of the court

Offender sentenced to imprisonment for fifteen years six months ten days. Fix a non-parole period of nine years six months ten days from 22 October 2007 to 1 May 2017 and a parole period of six years from 2 May 2017 to 1 May 2023. Order that the offender be subject to supervision by the New South Wales Probation and Parole Service whilst on parole during the parole period.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	R v Zhen Chi CHEN [2008] NSWDC 60
HEARING DATE(S):	20-21, 24-27 September 2007 2-5, 8-12, 15-19 & 22 October 2007
JUDGMENT DATE:	27 March 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Nield DCJ
DECISION:	Offender sentenced to imprisonment for fifteen years six months ten days. Fix a non-parole period of nine years six months ten days from 22 October 2007 to 1 May 2017 and a parole period of six years from 2 May 2017 to 1 May 2023. Order that the offender be subject to supervision by the New South Wales Probation and Parole Service whilst on parole during the parole period.
CATCHWORDS:	CRIMINAL LAW - sentence after trial - money laundering
LEGISLATION CITED:	Criminal Code (Cth) Financial Transactions Report Act (Cth) Crimes Act (Cth)
PARTIES:	Crown Zhen Chi CHEN
FILE NUMBER(S):	07/11/0024
COUNSEL:	G Long SC (Crown) P McGuire (Crown) I Barker QC (Offender)
SOLICITORS:	Director of Public Prosecutions (Cth) C V Jeffreys (Offender)